Construction Law/Payment delay



I am working in consultant company in Dubai , in the project contract clause related to the payment delay stated that the contractor is entitled for automatic extension of time in case of the payment delay , the contractor to send notice within 7 days of the start date of the delay event , my question is : what if the contractor send the notice after 9 days .

Kind Regards

Dear Tamer,

Time bar clauses are a pain, especially when the Employer is at fault.  If you refuse the claim, then there could be a case for unjust enrichment, which would be very expensive for everyone.  I would explain the problem to the Client and get his approval to grant the EoT, less 2 days for the delay in submitting the claim.  That way everyone has a bit of pain, but no one  dies.  The idea of the clause is to allow the Employer to remedy the situation before it becomes too expensive.  Remember that the EoT merely reduces the liability for delay damages plus, possibly, reimbursement of proven site overheads and financial charges, if any.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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